Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105465 

TABLE 2 TO PARAGRAPH (c)—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

Reg Title/subject EPA approval 

date Federal Register notice District effective date Explanation 

Reg 1—General Provisions 

* * * * * * * 

1.11 ... Control of Open Burning ......................... 12/27/24 [Insert first page of Federal Register citation].3/15/2023 

* * * * * * * 

* * * * * 

[FR Doc. 2024–30741 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R01–OAR–2024–0367; FRL–12222– 

02–R1] 

Outer Continental Shelf Air 

Regulations; Amendment to State 

Requirements Incorporated by 

Reference; Massachusetts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating a portion of 

the Outer Continental Shelf (OCS) Air 

Regulations. Requirements applying to 

OCS sources located within 25 miles of 

states’ seaward boundaries must be 

updated periodically to remain 

consistent with the requirements of the 

corresponding onshore area (COA), as 

mandated by the Clean Air Act. The 

portion of the OCS air regulations that 

is being updated pertains to the 

requirements for OCS sources for which 

Massachusetts is the designated COA. 

This final rule removes two 

Commonwealth of Massachusetts 

provisions from the compilation of 

requirements incorporated by reference 

in the Code of Federal Regulations and 

listed in the appendix to the Federal 

OCS air regulations. 

DATES: This rule is effective on January 

27, 2025. The incorporation by reference 

of a certain publication listed in this 

rule is approved by the Director of the 

Federal Register as of January 27, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2024–0367. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Collins, Air and Radiation 

Division, U.S. Environmental Protection 

Agency, EPA Region 1, U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA 02109, 

(617) 918–1196, collins.patrick@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 4, 1992, the EPA 

promulgated 40 CFR part 55,1 which 

established requirements to control air 

pollution from OCS sources in order to 

attain and maintain federal and state 

ambient air quality standards and to 

comply with the provisions of part C of 

title I of the Clean Air Act (CAA). The 

regulations at 40 CFR part 55 apply to 

all OCS sources offshore of the states 

except those located in the Gulf of 

Mexico west of 87.5 degrees longitude. 

Section 328 of the CAA requires that for 

such sources located within 25 miles of 

a state’s seaward boundary, the 

requirements shall be the same as would 

be applicable if the sources were located 

in the COA. Because the OCS 

requirements are based on onshore 

requirements, and onshore requirements 

may change, section 328(a)(1) of the 

CAA requires that the EPA update the 

OCS requirements as necessary to 

maintain consistency with onshore 

requirements. 

On September 17, 2008 (73 FR 53718), 

the EPA finalized a consistency update 

of the OCS air regulations pertaining to 

the requirements of OCS sources in the 

Commonwealth of Massachusetts. The 

update was the result of a Notice of 

Intent (NOI) being submitted on 

December 7, 2007 by Cape Wind 

Associates, LLC. The rules incorporated 

by reference into Appendix A of 40 CFR 

part 55 were applicable provisions of 

310 Code of Massachusetts Regulations 

(CMR) 4.00: Timely Action Schedule 

and Fee Provisions; 310 CMR 6.00: 

Ambient Air Quality Standards for the 

Commonwealth of Massachusetts; 310 

CMR 7.00: Air Pollution Control; and 

310 CMR 8:00: The Prevention and/or 

Abatement of Air Pollution Episode and 

Air Pollution Incident Emergencies. 

On August 24, 2010 (75 FR 51968), 

the EPA finalized a consistency update 

of the OCS regulations pertaining to the 

requirements of OCS sources in the 

Commonwealth of Massachusetts. This 

update was the result of EPA’s annual 

review of the Commonwealth of 

Massachusetts regulations. The rules 

incorporated by reference into 

Appendix A of 40 CFR part 55 were 

updates and new requirements of 310 

CMR 4.00: Timely Action Schedule and 

Fee Provisions; 310 CMR 6.00: Ambient 

Air Quality Standards for the 

Commonwealth of Massachusetts; 310 

CMR 7.00: Air Pollution Control; and 

310 CMR 8:00: The Prevention and/or 

Abatement of Air Pollution Episode and 

Air Pollution Incident Emergencies. 

A similar action occurred on 

November 13, 2018 (83 FR 56259) after 


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105466 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

the submittal of an NOI on December 

11, 2017 by Vineyard Wind, LLC, 

leading to further updates to Appendix 

A of 40 CFR part 55. The rules 

incorporated through this action were 

applicable provisions of 310 CMR 4.00: 

Timely Action Schedule and Fee 

Provisions; 310 CMR 6.00: Ambient Air 

Quality Standards for the 

Commonwealth of Massachusetts; 310 

CMR 7.00: Air Pollution Control; and 

310 CMR 8.00: The Prevention and/or 

Abatement of Air Pollution Episode and 

Air Pollution Incident Emergencies, as 

amended through March 9, 2018. 

Lastly, on November 15, 2022 (87 FR 

68364) the EPA finalized action to 

incorporate updates to 40 CFR part 55 

after receipt of an NOI on September 9, 

2021 by Sunrise Wind, LLC. This final 

rule incorporated applicable provisions 

of 310 CMR 4.00: Timely Action 

Schedule and Fee Provisions; 310 CMR 

6.00: Ambient Air Quality Standards for 

the Commonwealth of Massachusetts; 

and 310 CMR 7.00: Air Pollution 

Control, as amended through March 5, 

2021. 

EPA has received subsequent NOIs for 

projects and conducted periodic reviews 

of Massachusetts regulations to ensure 

all applicable requirements for OCS 

sources as they relate to attainment and 

maintenance of federal or state ambient 

air quality standards and the 

requirements of part C of title I of the 

CAA are incorporated by reference into 

the Massachusetts section of Appendix 

A in 40 CFR part 55. These evaluations 

have not led to additional requirements 

incorporated by reference into 

Appendix A, because either a 

Massachusetts regulation did not change 

or because any changes to a previously 

incorporated regulation were not 

applicable to the attainment and 

maintenance of federal or state ambient 

air quality standards for OCS sources. 

However, through EPA’s 

implementation of the OCS air 

permitting program, we have become 

aware that 310 CMR 4.03: Annual 

Compliance Assurance Fee and 310 

CMR 7.12: U Source Registration are 

unnecessarily incorporated into 

Appendix A of 40 CFR part 55. These 

two regulations are either (1) 

implemented by existing EPA programs 

and thus duplicative or (2) not 

rationally related to the attainment or 

maintenance of federal or state ambient 

air quality standards or to the 

requirements of part C of title I of the 

CAA. EPA is removing these previously 

approved regulations incorporated into 

Appendix A of 40 CFR part 55 since our 

last amendment on November 15, 2022. 

See 87 FR 68364. 

The specific requirements of the 

consistency update and the rationale for 

EPA’s action are explained in the 

September 11, 2024, NPRM (89 FR 

73617). One comment was received but 

is not germane to the EPA’s action; the 

comment is available at 

www.regulations.gov under the Docket 

for this action (Docket ID No. EPA–R01– 

OAR–2024–0367). 

II. Final Action 

The EPA is taking final action to 

remove two regulations currently 

incorporated by reference in Appendix 

A of Part 55 for OCS sources where the 

Commonwealth of Massachusetts is the 

COA. The regulations that the EPA is 

removing are specific provisions within: 

(1) 310 CMR 4.00: Timely Action 

Schedule and Fee Provisions; and (2) 

310 CMR 7.00: Air Pollution Control. 

Based on a review of Part 55 (1) 310 

CMR 4.03: Annual Compliance 

Assurance Fee is duplicative of existing 

federal rules and (2) 310 CMR 7.12: U 

Source Registration is no longer 

determined to be rationally related to 

the attainment and maintenance of 

Federal or State ambient air quality 

standards or to the requirements of part 

C of title I of the Act. Further, these 

changes are being made to ensure 

consistency of the OCS permitting 

program in accordance with Part 55 

requirements. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, the EPA is finalizing the 

incorporation by reference of 

‘‘Commonwealth of Massachusetts 

Requirements Applicable to OCS 

Sources,’’ dated September 11, 2024, 

which provides the text of the MassDEP 

air rules in effect as of September 11, 

2024, that would apply to OCS source. 

The EPA has made, and will continue 

to make, these materials available 

through www.regulations.gov and at the 

EPA Region 1 Regional Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of states’ seaward boundaries that 

are the same as onshore air pollution 

control requirements. To comply with 

this statutory mandate, the EPA must 

incorporate applicable onshore rules 

into 40 CFR part 55 as they exist 

onshore. See 42 U.S.C. 7627(a)(1); 40 

CFR 55.12. Thus, in promulgating OCS 

consistency updates, the EPA’s role is to 

maintain consistency between OCS 

regulations and the regulations of 

onshore areas, provided that they meet 

the criteria of the CAA. Accordingly, 

this action simply updates the existing 

OCS requirements to make them 

consistent with requirements onshore, 

without the exercise of any policy 

direction by the EPA. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

nor does it impose substantial direct 

compliance costs on tribal governments 

or preempt tribal law. 


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Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 105467 

1OMB’s approval of the ICR can be viewed at 

www.reginfo.gov. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 25, 

2025. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

This action does not impose any new 

information collection burden under the 

Paperwork Reduction Act. See 44 U.S.C 

3501. The Office of Management and 

Budget (OMB) has previously approved 

the information collection activities 

contained in the existing regulation at 

40 CFR part 55 and, by extension, this 

update to part 55, and has assigned 

OMB control number 2060–0249.1 This 

action does not impose a new 

information burden under the 

Paperwork Reduction Act because this 

action only updates the state rules that 

are incorporated by reference into 40 

CFR part 55, Appendix A. 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Outer continental 

shelf, Ozone, Particulate matter, 

Permits, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 19, 2024. 

David Cash, 

Regional Administrator, EPA Region 1. 

Part 55 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 55—OUTER CONTINENTAL 

SHELF AIR REGULATIONS 

■ 1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Clean Air Act 

(42 U.S.C. 7401 et seq.) as amended by Public 

Law 101–549. 

■ 2. Section 55.14 is amended by 

revising paragraph (e)(11)(i)(A) to read 

as follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(e) * * * 

(11) * * * 

(i) * * * 

(A) Commonwealth of Massachusetts 

Requirements Applicable to OCS 

Sources, September 11, 2024. 

* * * * * 

■ 3. Appendix A to part 55 is amended 

by revising paragraph (a)(1) under the 

heading ‘‘Massachusetts’’ to read as 

follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

Massachusetts 

(a) * * * 

(1) The following Commonwealth of 

Massachusetts requirements are applicable to 

OCS Sources, September 11, 2024, 

Commonwealth of Massachusetts— 

Department of Environmental Protection. 

The following sections of 310 CMR 4.00, 

310 CMR 6.00, 310 CMR 7.00 and 310 CMR 

8.00: 

310 CMR 4.00: Timely Action Schedule and 

Fee Provisions 

Section 4.01: Purpose, Authority and 

General Provisions (Effective 5/1/2020) 

Section 4.02: Definitions (Effective 5/1/ 

2020) 

Section 4.04: Permit Application 

Schedules and Fee (Effective 5/1/2020) 

Section 4.10: Appendix: Schedules for 

Timely Action and Permit Application Fees 

(Effective 5/1/2020) 

310 CMR 6.00: Ambient Air Quality 

Standards for the Commonwealth of 

Massachusetts 

Section 6.01: Definitions (Effective 6/14/ 

2019) 

Section 6.02: Scope (Effective 6/14/2019) 

Section 6.03: Reference Conditions 

(Effective 6/14/2019) 

Section 6.04: Standards (Effective 6/14/ 

2019) 

310 CMR 7.00: Air Pollution Control 

Section 7.00: Statutory Authority; Legend; 

Preamble; Definitions (Effective 3/5/2021) 

Section 7.01: General Regulations to 

Prevent Air Pollution (Effective 3/5/2021) 

Section 7.02: U Plan Approval and 

Emission Limitations (Effective 3/5/2021) 

Section 7.03: U Plan Approval Exemptions: 

Construction Requirements (Effective 3/5/ 

2021) 

Section 7.04: U Fossil Fuel Utilization 

Facilities (Effective 3/5/2021) 

Section 7.05: U Fuels All Districts 

(Effective 3/5/2021) 

Section 7.06: U Visible Emissions 

(Effective 3/5/2021) 

Section 7.07: U Open Burning (Effective 3/ 

5/2021) 

Section 7.08: U Incinerators (Effective 3/5/ 

2021) 

Section 7.09: U Dust, Odor, Construction 

and Demolition (Effective 3/5/2021) 

Section 7.11: U Transportation Media 

(Effective 3/5/2021) 

Section 7.13: U Stack Testing (Effective 3/ 

5/2021) 

Section 7.14: U Monitoring Devices and 

Reports (Effective 3/5/2021) 

Section 7.18: U Volatile and Halogenated 

Organic Compounds (Effective 3/5/2021) 

Section 7.19: U Reasonably Available 

Control Technology (RACT) for Sources of 

Oxides of Nitrogen (NOX) (Effective 3/5/ 

2021) 

Section 7.24: U Organic Material Storage 

and Distribution (Effective 3/5/2021) 

Section 7.25: U Best Available Controls for 

Consumer and Commercial Products 

(Effective 3/5/2021) 

Section 7.26: Industry Performance 

Standards (Effective 3/5/2021) 

Section 7.60: U Severability (Effective 3/5/ 

2021) 

7.70: Massachusetts CO Budget Trading 

Program (Effective 3/5/2021) 

7.71: Reporting of Greenhouse Gas 

Emissions (Effective 3/5/2021) 

7.72: Reducing Sulfur Hexafluoride 

Emissions from Gas-insulated Switchgear 

(Effective 3/5/2021) 

Section 7.00: Appendix A (Effective 3/5/ 

2021) 

Section 7.00: Appendix B (Effective 3/5/ 

2021) 

Section 7.00: Appendix C (Effective 3/5/ 

2021) 

310 CMR 8.00: The Prevention and/or 

Abatement of Air Pollution Episode and Air 

Pollution Incident Emergencies 

Section 8.01: Introduction (Effective 3/9/ 

2018) 

Section 8.02: Definitions (Effective 3/9/ 

2018) 

Section 8.03: Air Pollution Episode Criteria 

(Effective 3/9/2018) 

Section 8.04: Air Pollution Episode 

Potential Advisories (Effective 3/9/2018) 

Section 8.05: Declaration of Air Pollution 

Episodes and Incidents (Effective 3/9/2018) 

Section 8.06: Termination of Air Pollution 

Episodes and Incident Emergencies (Effective 

3/9/2018) 

Section 8.07: Emission Reductions 

Strategies (Effective 3/9/2018) 

Section 8.08: Emission Reduction Plans 

(Effective 3/9/2018) 


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105468 Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / Rules and Regulations 

Section 8.15: Air Pollution Incident 

Emergency (Effective 3/9/2018) 

Section 8.30: Severability (Effective 3/9/ 

2018) 

* * * * * 

[FR Doc. 2024–30800 Filed 12–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R10–OAR–2023–0224; FRL–10859– 

02–R10] 

Partial Approval, Partial Disapproval 

and Promulgation of State Plans for 

Designated Facilities and Pollutants; 

Spokane Regional Clean Air Agency; 

Control of Emissions From Existing 

Large Municipal Waste Combustors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

partially approve and partially 

disapprove a July 18, 2022, Clean Air 

Act (CAA) State Plan submitted by the 

Spokane Regional Clean Air Agency 

(SRCAA) to establish emission limits for 

existing large municipal waste 

combustors (MWC) and to provide for 

the implementation and enforcement of 

these limits. SRCAA submitted this 

State Plan to fulfill its requirements 

under the CAA in response to the EPA’s 

May 10, 2006, promulgation of 

Emissions Guidelines and Compliance 

Times for Large MWC Constructed on or 

before September 20, 1994 (Emission 

Guidelines). The EPA is partially 

approving the State Plan because it 

meets the requirements of the Emission 

Guidelines for existing large MWC 

known to operate in Spokane County, 

Washington. The EPA is partially 

disapproving the State Plan because it 

omits requirements for fluidized bed 

combustors and air curtain incinerators, 

which are required elements of a State 

Plan. This action is being taken under 

the CAA. 

DATES: This rule is effective on January 

27, 2025. The incorporation by reference 

of certain material listed in the rule is 

approved by the Director of the Federal 

Register as of January 27, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2023–0224. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Holtrop (he/him), at (206) 553– 

4473 or by email at holtrop.bryan@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On December 13, 2023 (88 FR 86312), 

the EPA proposed to approve a section 

111(d) State Plan submitted by the 

SRCAA on July 18, 2022, for existing 

large municipal waste combustors. 

SRCAA’s submitted State Plan was in 

response to the May 10, 2006, 

promulgation of the amended emission 

guidelines (EG) requirements for Large 

MWC, 40 CFR part 60, subpart Cb (71 

FR 27324). Included within the State 

Plan are regulations under SRCAA 

Regulation I, Article VI, Section 6.17, 

entitled ‘‘Standards for Municipal Solid 

Waste Combustors,’’ effective July 7, 

2022. On July 18, 2022, SRCAA 

submitted the State Plan. 

We proposed to partially approve this 

plan because we determined that it 

complies with the relevant CAA 

requirements, except requirements 

applicable to fluidized bed combustors 

and air curtain incinerators. Because 

these requirements were omitted, we 

also proposed to partially disapprove 

the State Plan submittal. Our proposed 

action contains more information on the 

plan and our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

For the reasons discussed in our 

proposed rulemaking and in this action, 

we are finalizing the partial approval 

and partial disapproval of SWCAA’s 

State Plan for large MWC, which 

includes SRCAA Regulation I, Article 

VI, Section 6.17, effective July 7, 2022. 

Upon the effective date of this action, 

SWCAA’s State Plan will apply to 

designated large MWC, as defined in 40 

CFR 60.32b, in Spokane County, 

Washington, with the exception of 

fluidized bed combustors and air 

curtain incinerators, which will remain 

subject to Federal Plan requirements 

under 40 CFR part 62, subpart FFF. We 

are finalizing this approval because we 

have determined the State Plan meets 

the applicable requirements under 40 

CFR part 60, subparts B and Cb, except 

for the requirements noted as the basis 

for our partial disapproval above. 

IV. Incorporation by Reference 

In accordance with the requirements 

of 1 CFR 51.5, the EPA is finalizing 

regulatory text that includes the 

incorporation by reference of SRCAA 

Regulation I, Article VI, Section 6.17, 

‘‘Standards for Municipal Solid Waste 

Combustors’’ with an effective date of 

July 7, 2022. These regulatory 

provisions are part of the CAA State 

Plan applicable to existing Large MWC 

in Spokane County, Washington as 

discussed in Section I of this preamble. 

They establish requirements related to 

emission limitations, compliance times, 

testing, monitoring, reporting, and 

recordkeeping applicable to Large MWC 

in Spokane County, Washington that 

commenced construction on or before 

September 20, 1994. These provisions 

set forth requirements meeting criteria 

required by the amended Emissions 

Guidelines for existing Large MWC 

codified at 40 CFR part 60, subpart Cb. 

The EPA has made, and will continue 

to make, the entire SRCAA State Plan, 

generally available through https://

www.regulations.gov, Docket No. EPA– 

R10–OAR–2023–0224, and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). This 

incorporation by reference has been 

approved by the Office of the Federal 

Register, and the State Plan is Federally 

enforceable under the CAA as of the 

effective date of this final rule. 

V. Statutory and Executive Order 

Reviews 

In reviewing State Plan submissions, 

the EPA’s role is to approve State 

choices, provided that they meet the 

criteria of the CAA. Accordingly, this 

action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this action: 


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